Opinion
No. 4:12-CV-395 CAS
05-22-2012
REBECCA GIBBONS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
ORDER OF REMAND
This matter is before the Court on the defendant's Motion for Remand. For the following reasons, the motion will be granted.
In the Motion for Remand, defendant requests that this case be remanded to the Commissioner for further administrative proceedings. Specifically, defendant states that significant portions of the recording of the administrative hearing held on October 11, 2011 are inaudible and therefore no transcription can be prepared of the hearing. Plaintiff states that she does not object to the defendant's motion. Defendant has not yet filed an Answer in this case. The Motion for Remand is therefore timely filed and the defendant has shown good cause for such remand. See 42 U.S.C. § 405(g); Buckner v. Apfel, 213 F.3d 1006, 1010 (8th Cir. 2000). The case will be remanded for a new administrative hearing and issuance of a new decision by the Administrative Law Judge.
Accordingly,
IT IS HEREBY ORDERED that the defendant's Motion for Remand is GRANTED. [Doc. 10]
IT IS FURTHER ORDERED that pursuant to sentence six of 42 U.S.C. § 405(g), this case is REMANDED to the Commissioner for further administrative proceedings, as set forth above.
It is the Commissioner's duty to file with the district court the results of the proceedings upon remand. 42 U.S.C. § 405(g).
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CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE